at a term of the appellate division of the supreme court ...at a term of the appellate division of...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on June 3, 2014.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices.

---------------------------------------XThe People of the State of New York,

Respondent,

-against- M-2191 Ind. No. 2051/12

George Cosme, Defendant-Appellant.

---------------------------------------X

An appeal having been taken from a judgment of theSupreme Court, New York County, rendered on or about March 22,2013,

Now, upon reading and filing the stipulation of theparties hereto, dated May 5, 2014, and due deliberation havingbeen had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK




Respondent,

-against- M-2192 Ind. No. 5177/09

Eugene Burgess, also known as Gene Burgess,

Defendant-Appellant.---------------------------------------X

An appeal having been taken from a judgment of theSupreme Court, New York County, rendered on or about October 12,2010,



ENTER:

_____________________ CLERK




Respondent,

-against- M-2193 Ind. No. 1196/09

Eugene Burgess, also known as GeneBurgess,


An appeal having been taken from a judgment of theSupreme Court, New York County, rendered on or about May 25,2010,



ENTER:

_____________________ CLERK




Respondent,

-against- M-2194 Ind. No. 2864/12

Fernando Michel, Defendant-Appellant.

---------------------------------------X

An appeal having been taken from a judgment of theSupreme Court, New York County, rendered on or about February 6, 2013,



ENTER:

_____________________ CLERK


Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices.

------------------------------------XMashreqbank PSC, Plaintiff-Respondent, M-1170 -against- Index No. 601650/09 Ahmed Hamad Al Gosaibi & Brothers Company, Defendant-Respondent.------------------------------------XAhmed Hamad Al Gosaibi & BrothersCompany, Third-Party Plaintiff-Respondent, Third-Party Index No. 590643/09 -against-

Maan Abdul Waheed Al Sanea, Third-Party Defendant-Appellant,

-and-

Awal Bank BSC, Third-Party Defendant. ------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about January 21, 2014,

And third-party defendant-appellant having moved for astay trial pending hearing and determination of the aforesaidappeal,

Now, upon reading and filing the papers with respect to the motion, and correspondence from counsel for third-partydefendant-appellant, dated April 9, 2014, and due deliberationhaving been had thereon, it is

(M-1170) -2- June 3, 2014

Ordered that the motion is deemed withdrawn inaccordance with the aforesaid correspondence.

ENTER:

_____________________ CLERK


Present: Hon. Luis A. Gonzalez, Presiding Justice, John W. Sweeny, Jr. Karla Moskowitz Helen E. Freedman Barbara R. Kapnick, Justices.

------------------------------------XHi-Tech Construction and ManagementServices Inc.,

Plaintiff-Appellant, M-2131

-against- Index No. 602377/05

The Housing Authority of the City of New York,

Defendant-Respondent.------------------------------------X(and another action)

Plaintiff-appellant having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, New York County, entered on or about August 2, 2013,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the October 2014Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Angela M. Mazzarelli John W. Sweeny, Jr. Sallie Manzanet-Daniels Darcel D. Clark, Justices.

-------------------------------------XPenny Bradley,

Plaintiff-Appellant,

-against- M-1324Index No. 650164/13

Francios Latapie and Suzanne Latapie,Defendants-Respondents.

-------------------------------------X

Plaintiff-appellant having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,New York County, entered on or about May 16, 2013,


It is ordered that the motion is granted to the extentof enlarging the time to perfect the appeal to the October 2014Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Angela M. Mazzarelli John W. Sweeny, Jr. Sallie Manzanet-Daniels Darcel D. Clark, Justices.

---------------------------------------XWA Route 9, LLC,

Plaintiff/Counterclaim Defendant,

-against- M-1612 I n d ex Nos. 651688/12 PAF Capital LLC, 590475/12

Defendant/Counterclaim Plaintiff. 590603/12---------------------------------------XPAF Capital LLC,

Third-Party Plaintiffs,

-against-

Jacob Frydman, et al., Third-Party Defendants.---------------------------------------XJacob Frydman,

Third-Party Defendant/ Fourth-Party Plaintiff-Appellant,

-against-

David Lichtenstein, et al.,Fourth-Party Defendants.

---------------------------------------X

Third-party defendant/fourth-party plaintiff-appellantJacob Frydman having moved for an enlargement of time to perfect appeal from the order of the Supreme Court, New York County,entered on or about June 10, 2013 (mot. seq. no. 002),


It is ordered that the motion is granted to the extentof enlarging the time to perfect the appeal to the October 2014Term.

ENTER:

_____________________ CLERK


PRESENT - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices.

--------------------------------------XThe People of the State of New York,

Respondent,

-against- M-371 Ind. No. 99047/13

Inderjeet Lalji, Defendant-Appellant.

--------------------------------------X

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the order of the Supreme Court,Bronx County, entered on or about November 16, 2013,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is denied as unnecessary, seeCorrection Law § 168-n[3] and CPLR 5513[a]). (See M-459, decidedsimultaneously herewith.)

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices. ------------------------------------XThe People of the State of New York,

Respondent, M-459 -against- Ind. No. 99047/13 Inderjeet Lalji,

Defendant-Appellant.------------------------------------X

Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, Bronx County (SethMarvin, J.) entered on or about November 16, 2013, for leave to havethe appeal heard upon the original record and upon a reproducedappellant's brief, for an enlargement of time in which to perfect theappeal, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files copiesof such brief, together with the original record, pursuant to Rule600.11 of the Rules of this Court.

The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) two transcripts of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Marvin as yet not transcribed. The Clerk shall furnisha copy of such transcripts to appellant’s counsel, Scott A. Rosenberg,Esq., without charge, the transcripts to be returned to this Courtwhen appellant’s brief is filed.

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of the record.(See M-371, decided simultaneously herewith).

ENTER:

_____________________ CLERK


PRESENT - Hon. Luis A. Gonzalez, Presiding Justice, Angela M. Mazzarelli John W. Sweeny, Jr. Sallie Manzanet-Daniels Darcel D. Clark, Justices.

-----------------------------------------XFrankie Ruiz,


-against- M-1619 Index No. 570650/13

Bronx Lebanon Hospital Center,Defendant-Respondent.

-----------------------------------------X

Plaintiff-appellant having moved for leave to appeal to thisCourt from the decision and order of the Appellate Term, enteredin the office of the Clerk of the Supreme Court, New York Countyon or about November 14, 2013, and for leave to prosecute saidappeal as a poor person, and related relief,


It is ordered that the motion is denied.

ENTER:

___________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on June 3, 2014.

PRESENT - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom David B. Saxe Helen E. Freedman Sallie Manzanet-Daniels, Justices.

-------------------------------------xThe People of the State of New York,

Respondent,

-against- M-356 Ind. No. 1307/12

Nabil Fawzi, Defendant-Appellant.

-------------------------------------x

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about December 2, 2013, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,for assignment of retained counsel, and for other relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serve one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed. Defendant-appellant's time in which to perfect the appeal is enlarged until 120days after receipt of the transcripts. The motion, to the extent itseeks assignment of retained counsel, is denied as unnecessary.

ENTER:

_____________________ CLERK


Present: Hon. Luis A. Gonzalez, Presiding Justice, John W. Sweeny, Jr. Karla Moskowitz Rosalyn H. Richter Darcel D. Clark, Justices.

------------------------------------XPortfolio Recovery Associates, LLC,

M-690 Plaintiff-Respondent, M-934

M-1168 -against- Index No. 570278/13

Richard Lall,

Defendant-Appellant. - - - - - - - - - - - - - - - Professor James Kainen and Professor Michael J. Hutter,

Amicus Curiae,

Lincoln Square Legal Services, et al.,

Amicus Curiae. ------------------------------------X

Defendant-appellant having moved for leave to appeal tothis Court from an order of the Appellate Term entered in theoffice of the Clerk of the Supreme Court, New York County, on or about October 15, 2013 (M-690),

And Professor James Kainen and Professor Michael J. Hutter having moved for leave to file a brief amicus curiae in support of the aforesaid motion (M-934),

And Lincoln Square Legal Services, Inc., et al., havingmoved for leave to file a brief amicus curiae in support of theaforesaid motion (M-1168),

(M-690/M-934/M-1168) -2- June 3, 2014

Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon,

It is ordered that defendant-appellant’s motion is granted. Defendant-appellant shall file two copies of the pre-argumentstatement and of this order with the Clerk of the Appellate Termwith proof of service, pursuant to Section 600.17 of the Rules of this Court (M-690). Motions M-934 and M-1168 are granted tothe extent of deeming the respective amicus curiae briefssubmitted in support of the motion filed (M-934/M-1168).

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Helen E. Freedman Barbara R. Kapnick, Justices. ---------------------------------------XThe People of the State of New York,

Respondent,

-against- M-805Ind. No. 6085/10

Shawn Williams,


Assigned counsel for defendant having moved for anorder dismissing defendant's appeal taken from a judgment of theSupreme Court, New York County, rendered on or about July 13,2011, without prejudice to reinstatement at such time appellantbecomes amenable to the jurisdiction of this Court,


It is ordered that the motion is granted to the extentof deeming the appeal withdrawn.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on June 3, 2014.

Present - Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Richard T. Andrias Helen E. Freedman Darcel D. Clark, Justices.

---------------------------------------xSean Studer,



Helena Studer,

Defendant-Respondent. ---------------------------------------x

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from the judgment of divorce of the SupremeCourt, New York County, entered on or about May 3, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the November 2014Term.

ENTER:

_____________________ CLERK


PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman Dianne T. Renwick Richard T. Andrias, Justices.


Respondent,


Juan Colon, also known as Rafael Juan Colon,

Defendant-Appellant. ---------------------------------------X

Defendant-appellant having moved for reargument of thedecision and order of this Court entered on September 23, 2008(Appeal No. 4110),


It is ordered that the motion is denied as untimely.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Rolando T. Acosta David B. Saxe Leland G. DeGrasse Helen E. Freedman, Justices.

-------------------------------------XThe People of the State of New York,

-against- M-950Docket No. 287/98

Astrit Ceni,

Defendant.-------------------------------------X

A judgment of the Supreme Court, Bronx County, havingbeen rendered on or about February 11, 1998,

And defendant having moved, in the nature of a writ of error coram nobis, for a review of his claim of ineffectiveassistance of appellate counsel, by reason of failure of trialcounsel to file a timely notice of appeal pursuant to CPL 460.30,



ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias David B. Saxe, Justices. -------------------------------------XThe People of the State of New York,

Respondent,


Wilson Llanos,

Defendant-Appellant.-------------------------------------X

A decision and order of this Court having been enteredon December 2, 2004 (Appeal Nos. 4802-4803A), unanimouslyaffirming a judgment of the Supreme Court, New York County(Jeffrey M. Atlas, J.), rendered on October 26, 2000, and the order of said Court rendered on or about July 25, 2002,respectively,

And defendant-appellant having moved, in the nature of a writ of error coram nobis, for a review of his claim ofineffective assistance of appellate counsel, and for relatedrelief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is ordered that said application is denied.

ENTER:

_____________________ CLERK

CORRECTED ORDER- April 3, 2015 At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department in the County of New York on June 3, 20 1 4.

Presen t : Hon . Peter Tom, David Friedman Rolando T. Acosta David B. Saxe Leland G. DeGrasse,

-------------------------------------X The People of the State of New York,

Respondent,

-aga i nst-

Mar cos Llibre, Defendant-Appellant .

-------------------------------------X

Justice Presiding ,

Justices.

M-6609 Ind. No . 3016/06

A judgment of the Supreme Court, New York County , having been rendered on or about June 5 , 200 7 1

And defendant-appellant having move d, in the nature of a wr.it of error coram nobis, for a review o f his claim of ineffe ctive assistance of trial counsel, by reason of fa i lure of trial counsel to . file a timely n otice of appeal pursuant to CPL 460 . 30 ,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon ,

It i s ordered that said appl ication is denied .

ENTER :

.

~ CLERK

CORRECTED ORDER- July 28, 2014 At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department in the County of New York on June 3 , 2014.

PRESENT : Hon. Peter Tom, Diane T. Renwick Richard T. Andrias Helen E. Freedman Darcel D. Clark,

-----------------------------------X Leah Vinik,

Plaintiff ,

-against-

Steven Lee,

Defendant . -----------------------------------X

Justice Presiding ,

Justices .

M-2134 Index No . 305322/11

Defendant, prose , having moved pursuant to CPLR 5704( a) for certain relief denied by a Justice of the Supreme Court, New York County, on or about August 14, 2013,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is

Ordered that the motion is denied .

ENTER :


Present - Hon. Peter Tom, Justice Presiding, Karla Moskowitz Leland G. DeGrasse Rosalyn H. Richter Barbara R. Kapnick, Justices.

---------------------------------------xThe People of the State of New York,

Respondent, M-579


Manuel Martinez,Defendant-Appellant.

---------------------------------------x

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, entered on or about May 9,2008,

And defendant-appellant, by assigned counsel Larry Sheehan,Esq., having moved for leave to file a late oversized brief inconnection with the aforesaid appeal (M-579),

And defendant-appellant having separately moved, pro se, tostrike assigned counsel’s proposed appellate brief (M-1951),


It is ordered that the motion (M-579) to file a lateoversized brief is granted only to the extent of enlarging thetime to perfect the appeal to the November 2014 Term, and thedefendant-appellant is directed to apply to the Clerk of theCourt pursuant to 22 NYCRR 600.11(d)(1) with respect to filingsaid late oversized brief, and otherwise denied. The motion (M-1951) to strike assigned counsel’s proposed appellate brief isdenied as premature, the appeal having not been perfected,without prejudice to defendant-appellant moving for leave to filea pro se supplemental brief when the appeal is perfected, if soadvised.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Karla Moskowitz Leland G. DeGrasse Rosalyn H. Richter Barbara R. Kapnick, Justices.

------------------------------------xBaxter Street Condominium, by its Board of Managers,

Plaintiff-Respondent, M-1889

-against- Index No. 650962/12E

LPS Baxter Holding Co., LLC,Defendant-Appellant. - - - - - - - - - - - -

Baxter Street Condominium, by its Board of Managers,

Plaintiff-Respondent,


LPS Baxter Holding Co., LLC,Defendant-Appellant. - - - - - - - - - - - -

Baxter Street Condominium, by its Board of Managers,



LPS Baxter Holding Co., LLC,Defendant-Appellant.

------------------------------------x

Appeals in the above-captioned actions having been taken to this Court by defendant-appellant, LPS Baxter Holding Co.,LLC, from orders of the Supreme Court, New York County, enteredon or about June 20, 2013; and appeals having been taken by saiddefendant-appellant from the orders and judgments (each onepaper) of said Court entered on or about October 22, 2013; and an appeal having been taken by defendant-appellant from the orderand judgment (one paper) of said Court entered on or aboutOctober 17, 2013, respectively,

(M-1889) -2- June 3, 2014

And defendant-appellant having moved for consolidation ofthe aforesaid appeals,


It is ordered that the motion is granted to the extent ofpermitting defendant-appellant to prosecute the consolidatedappeals upon 9 copies of one record and one set of appellant’spoints covering the consolidated appeals. The time to perfectthe consolidated appeals is enlarged to on or before September 2,2014 for the November 2014 Term.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Richard T. Andrias Helen E. Freedman Judith J. Gische, Justices.

-----------------------------------XNemon Corp.,

Plaintiff-Appellant,M-6112

-against- M-6525 Index No. 114058/1145-51 Avenue B, LLC,

Defendant-Respondent.-----------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about June 12, 2012,

And an order of this Court having been entered on August 7, 2012 (M-3060), continuing certain interim reliefgranted by an order of a Justice of this Court on July 23, 2012upon, inter alia, condition that a certain bond be posted,

And a decision and order of this Court having beenentered January 8, 2013 ( Appeal No. 8949),

And an order of the Court of Appeals of the State of NewYork having been entered March 26, 2013, denying plaintiff-appellant’s motion for leave to appeal to the Court of Appeals(Court of Appeals Motion No. 2013-104; 20 NY3d 862 [2013]),

And plaintiff having moved for an order directing thecancellation of a certain bond issued, and discharging the issuerof said bond (M-6112),

And defendant having cross-moved for an order imposingcertain costs and damages upon plaintiff, and directing that said costs and damages be paid from the aforesaid bond (M-6525),

Now, upon reading and filing the papers with respect tothe motion and cross motion, and due deliberation having been hadthereon, it is

Ordered that the motion is granted and the undertakingsecured by the bond issued by International Fidelity InsuranceCompany, Bond No. NRIFSU 0592308 is discharged, upon payment of

(M-6112/M-6525) -2- June 3, 2014

$2,042.29 to defendant-respondent 45-51 Avenue B, LLC (M-6112). The cross motion is granted only to the extent of awarding theaforesaid $2,042.29 amount incurred on the appeal to defendant,and otherwise denied (M-6525).

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Richard T. Andrias Leland G. DeGrasse Rosalyn H. Richter, Justices.

--------------------------------------XIn the Matter of the Application ofGeorge Zouvelos,

Petitioner,

For a Judgment Pursuant to Article 78of the CPLR, M-1709

Index No. 101160/13 -against-

The New York State Department of Financial Services,

Respondent. --------------------------------------X

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about September 9, 2013, to reviewa determination of respondent,

And petitioner having moved for an enlargement of time toperfect the proceeding,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the proceeding to the November 2014Term. (See M-2055, decided simultaneously herewith.)

ENTER:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Helen E. Freedman Judith J. Gische, Justices.

-------------------------------------XIn the Matter of the Application ofGeorge Zouvelos,

Petitioner,

For a Judgment Pursuant to Article 78of the CPLR, M-2055

Index No. 101160/13 -against-

The New York State Department of Financial Services,

Respondent. -------------------------------------X

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about September 9, 2013, to reviewa determination of respondent,

And petitioner having moved for leave to prosecute theproceeding as a poor person, upon the original record andreproduced petitioner's brief,


It is ordered that the motion is granted to the extent ofpermitting the proceeding to be heard on the original record and upon a reproduced petitioner's brief, on condition thatpetitioner serve one copy of such brief upon the attorney for the respondent and file 8 copies of such brief, together with the original record, with this Court. Petitioner is permitted to dispense with payment of the required fee for the subpoena and filing of the record. (See M-1709, decided simultaneouslyherewith.)

ENTER:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, David Friedman Leland G. DeGrasse Helen E. Freedman Barbara R. Kapnick, Justices.

---------------------------------------xMarie Flaherty,



CWCapital Asset Management, LLC,et al.,

Defendants-Respondents. ---------------------------------------x

Defendants-respondents having moved for dismissal of theappeal from the order of the Supreme Court, New York County,entered on or about January 29, 2013 (mot. seq. no. 003),

And plaintiff-appellant pro se having cross-moved for an enlargement of time to perfect the aforesaid appeal, for leave to prosecute the appeal as a poor person, and for related relief,

Now, upon reading and filing the papers with respect to themotion and cross motion, and due deliberation having been hadthereon,

It is ordered that the motion to dismiss the appeal isgranted unless the appeal is perfected on or before July 7, 2014for the September 2014 Term (M-978). The cross motion is grantedto the extent of enlarging the time to perfect the appeal to saidSeptember 2014 Term and otherwise denied (M-1589).

ENTER:

_____________________ CLERK



Present - Hon. Angela M. Mazzarelli, Justice Presiding, David Friedman David B. Saxe Sallie Manzanet-Daniels Paul G. Feinman, Justices.

---------------------------------------xRobert Parham,



The City of New York, et al.,

Defendants-Respondents. ---------------------------------------x

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from the order of the Supreme Court, BronxCounty, entered on or about April 24, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the November 2014Term.

ENTER:

_____________________ CLERK



Present - Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Karla Moskowitz Sallie Manzanet-Daniels Judith J. Gische, Justices.

-----------------------------------------x408 East 10th Street Tenants’ Association,



Charo Nespral, etc.,

Defendant-Appellant. -----------------------------------------x

An order of this Court having been entered on March 13, 2014(M-533), inter alia, granted defendant leave to prosecute, as apoor person, the appeal from the order and judgment (one paper)of the Supreme Court, New York County, entered on or aboutSeptember 17, 2013 (mot. seq. no. 003), and assigning counseltherefor,

And defendant-appellant having renewed the motion for poorperson relief,


It is ordered that the motion is denied, as academic, saidrelief having already been granted. (See the order of this Courtentered March 13, 2014 [M-533].)

ENTER:

_____________________ CLERK


PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Richard T. Andrias David B. Saxe Karla Moskowitz, Justices.

------------------------------------XKoya Abe,


-against- Index No. 113150/10

Nancy Barton, et al.,Defendants-Respondents.

------------------------------------X

An appeal having been taken from an order of the Supreme

Court, New York County, entered on or about February 14, 2014(mot. seq. no. 012),

And plaintiff-appellant having moved for a stay of theaforesaid order pending hearing and determination of the appealtaken therefrom,



ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias Leland G. DeGrasse Darcel D. Clark, Justices.

--------------------------------------XPeter A. Leidel, et al.,

Plaintiffs-Appellants,


John P. Annicelli, doing business as Old Stone Hill Road Associates,et al.,

Defendants-Respondents.--------------------------------------X

Plaintiffs-appellants having moved for leave to appeal tothe Court of Appeals from the decision and order of this Courtentered on February 18, 2014 (Appeal Nos. 11774-11775),



ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias Sallie Manzanet-Daniels Barbara R. Kapnick, Justices.

---------------------------------------XHoratio Arms, Inc., Petitioner-Landlord-Appellant,

-against- M-963M-1126

Jean-Francois Celbert, Index No. 570989/12 Respondent-Tenant-Respondent. ---------------------------------------X

Petitioner-landlord-appellant Horation Arms, Inc. havingmoved for leave to appeal to this Court from the decision andorder of the Appellate Term, entered in the office of the Clerkof the Supreme Court, New York County on or about July 31, 2013(M-963),

And respondent-tenant-respondent Jean-Francois Celberthaving cross-moved for the same relief (M-1126),

Now, upon reading and filing the papers with respect to themotion and cross motion, including the stipulation of the partiesdated May 29, 2014, and due deliberation having been had thereon,

It is ordered that the motion and cross motion are deemedwithdrawn in accordance with the aforesaid stipulation.

ENTER:

___________________ CLERK


PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, David Friedman Sallie Manzanet-Daniels Paul G. Feinman, Justices. ---------------------------------------XThe People of the State of New York,

Respondent,


Daniel Oliveira,


A decision and order of this Court having been enteredon December 2, 2003 (Appeal No. 2336), unanimously affirming ajudgment of the Supreme Court, New York County (Charles Tejada,J.), rendered on March 13, 2001,

And defendant-appellant having moved, in the nature of a writ of error coram nobis, for a review of his claim ofineffective assistance of appellate counsel, and for relatedrelief,


It is ordered that said application is denied.

ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Leland G. DeGrasse, Justices. --------------------------------------XBianca Razzano,

Plaintiff-Appellant,M-48

-against- M-353 Index No. 111966/09Woodstock Owners Corp., et al.,

Defendants-Respondents. - - - - - - - - - - - - - - - - New York Cooperative & Condominiums,

Amicus Curiae. --------------------------------------X

Defendants-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court entered on November 19, 2013 (Appeal No. 11106) [M-48],

And New York Cooperative & Condominiums having moved for leave to file a brief amicus curiae with connection todefendants-respondents’ motion for leave to appeal to the Court of Appeals [M-353],

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is ordered that motion of New York Cooperative &Condominiums for leave to file an amicus curiae brief in supportof the motion is granted, and the proposed amicus curiae briefsubmitted in support of the motion is deemed filed [M-353]. Thedefendant-respondent’s motion for leave to appeal to the Court ofAppeals is denied [M-48].

ENTER:

_____________________ CLERK


Present: Hon. David Friedman, Justice Presiding, Rolando T. Acosta David B. Saxe Paul G. Feinman Judith J. Gische, Justices.

----------------------------------XDouglas Hepworth,



C. Louise Hepworth,Defendant-Respondent.

----------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 25, 2014,

And plaintiff-appellant having moved for a stay of theaforesaid order pending hearing and determination of theaforesaid appeal,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is denied.

ENTER:

_____________________ CLERK



------------------------------------XAlexander Bretoux, an infant by his mother and natural guardian Sandra Bretoux, and by Sandra Bretoux, individually, Plaintiffs, M-1975 Index No. 350416/10

-against-

Collins Estate Corporation, Defendant.------------------------------------XCollins Estate Corporation, Third-Party Plaintiff-Respondent,

-against-

Advanced Environmental Corp., Third-Party Defendant-Appellant.------------------------------------X

Third-party defendant-appellant having moved for anenlargement of time to perfect the appeal taken from an orderof the Supreme Court, Bronx County, entered on or about June 5,2013,


It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the October 2014Term.

ENTER:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Rolando T. Acosta Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------xThe People of the State of New York,

Respondent,


Teofilo Lopez, also known as GarciaLopez, also known as Isidro Garcia,

Defendant-Appellant. ---------------------------------------x

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or about July 27, 1999,

And an order of this Court having been entered on October 24, 2013 (M-3553), dismissing the aforesaid appeal fromthe judgment of the Supreme Court, New York County, rendered onor about July 27, 1999,

And on April 3, 2014, the Court of Appeals having reversedthe aforesaid order of this Court, and having remitted the casefor further proceedings (People v Lopez __NY3d__; 2014 Slip. Op.02326; Case No. 58 decided April 3, 2014),

Now, upon remittitur (M-1961), the aforesaid order of thisCourt entered October 25, 2013 (M-3553) is recalled and vacated,and it is further,

Ordered that Scott A. Rosenberg, Esq., 199 Water 5th Floor,New York, New York 10038, Telephone No. (212) 577-3688, isassigned as counsel for defendant-appellant for purposes of theappeal, and it is further,

Ordered that the appeal is permitted to be heard on theoriginal record, except that a certified copy of theindictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

(M-1961) -2- June 3, 2014

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, withoutcharge, the transcripts to be returned to this Court whenappellant's brief is filed.

ENTER:

_____________________ CLERK



------------------------------------XAscentium Capital LLC,

Plaintiff-Respondent,M-2031

-against- M-2034 Index No. 650481/12Northern Capital Associates XIII,L.P. and Northern Leasing Systems,Inc.,

Defendants-Appellants.------------------------------------X

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about November 21, 2013,

And plaintiff-respondent having moved to consolidate theaforesaid appeal with defendants’ appeal taken from said Supreme Court entered on or about February 10, 2014 in the matter, AscentumCapital, LLC v Northern Capital Associates XIII, L.P., et al., arelated action under Index No. 653179/13, and for related relief (M-2031),

And defendants-appellants having moved for a stay pendinghearing and determination of the appeals (M-2035),


It is ordered that the motion is granted to the extent ofpermitting defendants-appellants to prosecute the consolidated appealsupon 9 copies of one record and of one set of appellants’ pointscovering said consolidated appeals (M-2031). Defendants-appellants’motion for a stay is denied, and the interim relief granted by anorder of a Justice of this Court, dated April 29, 2014, is vacated (M-2034).

ENTER:

_____________________ CLERK


PRESENT - Hon: John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta David B. Saxe Sallie Manzanet-Daniels Darcel D. Clark, Justices.

-------------------------------------------XIn re Wayne Tatum, Petitioner,


Martin Horn, Commissioner of the New York City Department of Correction, et al., Respondents.-------------------------------------------X

Petitioner Wayne Tatum pro se having moved for vacatur ofthe decision and order of this Court entered on February 17, 2007(Appeal No. 248),



ENTER:

_____________________ CLERK


PRESENT - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Karla Moskowitz Rosalyn H. Richter Judith J. Gische, Justices.

-------------------------------------------X12 Broadway Realty, LLC,

Plaintiff,

-against- M-1689 M-1775

Lakhani Enterprises USA, Corp., Index No. 650297/11Defendant-Respondent,

William Simpson,Defendant/Third-PartyPlaintiff-Appellant,

-against-

Imran Lakhani,Third-Party Defendant-Respondent.

-------------------------------------------X

Third-party defendant-respondent Lakhani Enterprises USA,Corp. and third-party defendant Imran Lakhani having moved forreargument of the decision and order of this Court entered onMarch 13, 2014 (Appeal Nos. 11743-11744)[M-1689],

And the same parties having separately moved for leave toappeal to the Court of Appeals from the aforesaid decision andorder [M-1775], Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon,

It is ordered that the motions are denied.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on June 3, 2014.

PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Paul G. Feinman Darcel D. Clark, Justices. --------------------------------------XThe People of the State of New York,

Respondent,

-against- M-682Ind. No. 2735N/13

Jose Fernandez, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the SupremeCourt, New York County, rendered on or about December 20, 2013,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal timely filed.

The motion is deemed one to include a request for poorperson relief and assignment of counsel; and as insofar as itseeks poor person relief, and as such is denied, with leave to renew upon defendant's submission of a notarized affidavit,pursuant to CPLR 1101(a), setting forth facts sufficient toestablish that defendant has no funds or assets with which toprosecute the appeal, including the amount and sources of hisincome and listing his property with its value.

ENTER:

_____________________ CLERK


PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick David B. Saxe Leland G. DeGrasse Rosalyn H. Richter, Justices.

------------------------------------XKisshia Simmons-Grant,



Quinn Emanuel Urquhart & Sullivan,LLP,

Defendant-Appellant. ------------------------------------X

Plaintiff-respondent having moved for leave to appeal to theCourt of Appeals from the decision and order of this Courtentered on February 27, 2014 (Appeal No. 10796),



ENTER:

_____________________ CLERK


PRESENT - Hon. Rolando T. Acosta, Justice Presiding, David B. Saxe Karla Moskowitz Paul G. Feinman, Justices.

---------------------------------------XDaniel Friedman, et al.,

Plaintiffs-Appellants,


16 Madison Square Housing Corp., Defendant-Respondent.

---------------------------------------X

Plaintiffs-appellants having moved for reargument of thedecision and order of this Court entered on January 28, 2014(Appeal No. 11597),



ENTER:

_____________________ CLERK


Present - Hon. Dianne T. Renwick, Justice Presiding, Karla Moskowitz Leland G. DeGrasse Sallie Manzanet-Daniels Paul G. Feinman, Justices.


Respondent,M-1277

-against- Ind. No. 1191/13

Aki Davis,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkNew York County, rendered on or about February 19, 2014, forleave to have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, exceptthat a certified copy of the indictment(s) shall be substitutedin place of the original indictment(s), and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and filescopies of such brief, together with the original record, pursuantto Rule 600.11 of the Rules of this Court.

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, withoutcharge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-1277) -2- June 3, 2014

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellantfor purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 120 days fromthe date of filing of the record.

ENTER:

_____________________ CLERK


Present: Hon. Diane T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Paul G. Feinman Judith J. Gische, Justices.

---------------------------------------XWSC Riverside Drive Owners LLC,

Petitioner-Appellant/Respondent,M-1862

-against- M-1974 Index No. 571144/12Oliver Williams,

Respondent-Respondent/Appellant. ---------------------------------------X

Respondent-respondent/appellant having moved for leave toappeal to this Court from an order of the Appellate Term enteredin the office of the Clerk of the Supreme Court, New York County,on or about December 19, 2013, and for a stay of the execution ofa warrant of eviction pending hearing and determination of theappeal (M-1862),

And petitioner-appellant/respondent having cross-moved to deny petitioner’s request for a stay of the execution of awarrant of eviction (M-1974),

Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,

It is ordered that petitioner’s motion is granted. Respondent-respondent/appellant shall file two copies of the pre-argument statement and of this order with the Clerk of theAppellate Term with proof of service, pursuant to Section 600.17of the Rules of this Court, and the stay of the execution of awarrant of eviction is granted pending hearing and determinationof the appeal on condition that respondent pays use and occupancyin the amount of $2,129.99 per month commencing the monthimmediately following the date hereof, and on further conditionthat the appeal be perfected on or before August 4, 2014 for theOctober 2014 Term (M-1862). Petitioner’s cross motion is denied(M-1974).

ENTER:

_____________________ CLERK

SUPREME COURT OF THE STATE OF NEW YORK APPET.Ll\TE OTVISION : FIRS'f JUDICIAL DEPARTMENT

4

BEFORE: Hon . Peter •rom Justice of the Appellate Division

------------------------------------------x The People of the State of New York,

-against-

Jerma ine P.astwick , Defe ndant.

------------------------------------------X

M-3102 lnd. No. 8170/94

ORDER DENYING LEAVE UPON RF:A.RGUMENT

I , Peter Tom , a JusLice of the AppellaLe Division , First

Judicial Department, do hereby certify that , upon application

made by the above-named defendant for reargument of the order o£

a Justice of this Court (M- 3823) , entered on November 13 , 2008,

which rleni~d his motion for a certificate pursuant to Crimina l

Procedure Law, section 460.15, and no question of law or fact

• havi nq h~r--n m i s,.1pprehended nr overlook~d , permis~ Lon to rer.~r9ue

the denial of leave to appea l from the order of the Supreme

Cour t , Bronx County , ent ered on or about June 26 , 2008 , is hereby

denied .

Dated :

ENTERED:

SepLPmbcr 26 , 2013 N~w Y0r~ , New Yort

JUNO I 0

Jus Di vision

at a term of the appellate division of the supreme court ...at a term of the appellate division of...

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